Child paying mother’s real estate taxes wishes to deduct them on federal return now that mom has passed
When it comes to filing a federal income tax return, the person that owns the home gets to deduct the real estate taxes that were paid for the home.
Ilyce Glink and Samuel Tamkin
Q: I lived with my mother, in her home, for 44 years. I have helped her with her home expenses since my college days and took care of her through her battle with Alzheimer’s. I even paid her property taxes, homeowners insurance and utilities for many years. In fact, all the utility bills are in my name.
She passed away two years ago. She wanted me to remain living in the home for as long as I wished, because I was the only person who took responsibility for her care.
I have several siblings. All of them have their own homes and have no desire to remove me from the home. The property is debt free. If I were to decide to move from the home, then any sale proceeds would be divided between us all, but until then, it’s been agreed that I can remain, as long as I continue to pay the taxes and normal expenses of living there.
My mom may have had a will, but we have yet to find it. She was a hoarder, and no one really knows where she might have stashed it. Can I deduct the real estate taxes on my federal income taxes even if the tax bill is in her name?
A: You pose an interesting question. On the one hand, you’ve treated your mom’s home as your own for most of your life. Yet, the home was owned by your mother. Generally, for income tax purposes, the person that owns the home has the right to deduct the real estate taxes. In your case, it would seem that while your mother was alive, you could not deduct those taxes.
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